Small v. Coney Island Site 4A-1 Houses, Inc.

Skelos, J. (dissents and votes to reverse the order and deny the motion, with the following memorandum):

The plaintiffs decedent died after he allegedly slipped and fell on a large patch of ice located by the elevators in the exterior hallway outside his apartment. The Supreme Court concluded that the “[p]laintiff s claim that the ice patch was actually caused by inadequate drainage in the walkway and the freezing of pre-existing standing water [was] speculative since it [was] just as plausible that the ice patch in question was created by the ongoing snow and *743ice storm.” The Supreme Court…